The missing pension
Most folks whose families have been in America since oh-dark-thirty — defined roughly by The Legal Genealogist as after the Mayflower but before the Revolution — ended up with one or more ancestors involved in one or more of America’s early wars.
The Legal Genealogist is no exception.
My 3rd great grandfather Jesse Fore was a fifer in Captain Michael Gaffney’s company of South Carolina Militia.1 Another third great grandfather, Elijah Gentry, and his brother James Gentry, and their father — my fourth great grandfather — Elijah Gentry Sr. all served in the 1st Regiment Mississippi Territorial Volunteers.2
Now I’ve seen some of the pension files for the War of 1812. They can be absolutely wonderful. The application forms alone can contain all kinds of details you can’t get anywhere else. So one of the very first things I think of when I find a War of 1812 ancestor is: where’s his pension file?
I’ve sat in the National Archives and held Jesse Fore’s file in my hands.3 I’ve seen the mark he made on an 1857 affidavit about having transferred a bounty land warrant — and you can see it illustrating this blog too.4
In the case of the Elijahs, it’s pretty easy to understand why Elijah Sr. never got a pension for his 1812 service: he died before May 1818, when James was named executor of his will.5 But for the longest time it upset and frustrated me that I couldn’t find any pension records for Elijah Jr. He is all over the Mississippi state records for years, decades even.6 So why couldn’t I find his pension file?
It dawned on me, finally, that I didn’t really have a very good handle on just who could get a pension for serving in the War of 1812 and when. So it just might be a good idea to take a peek at the pension laws.
Until 1871, the only folks who could get pensions for service in the War of 1812 were those who’d been hurt in the war and the widows of those who’d been killed. That wasn’t a lot of people — there were only 2,260 reported battle deaths and 4,505 reported woundings in that war.7 You didn’t qualify for a pension just because you’d served until 18718 — when most of the 286,730 men who’d served were likely to have been either quite elderly or dead.
Under the 1871 law, to be eligible, a survivor had to have served 60 days and been honorably discharged, and widows could collect if they’d married before the peace treaty was ratified on the 17th of February 1815.9
It wasn’t until 1878 that the law was changed to make anybody who’d served at least 14 days eligible for a pension, and gave pensions to widows no matter when they’d been married.10
And there was my answer.
Elijah Jr. died before the end of 1868; though probate files don’t survive for his home county of Neshoba County, Mississippi, for that year, his wife Wilmoth and their surviving children sold some of his land in neighboring Winston County on 19 December 1868 and, in the deed, Wilmoth was identified as his widow.11 So like his father before him, Elijah simply hadn’t lived long enough to be eligible for a pension for his service.
You’d think by now I’d have learned, right?
Check the laws.
Always, always, always, check the laws.
- Compiled service records, Jesse Fore, musician, Captain Michael Gaffney’s Company, 1st Regiment South Carolina Militia; Carded Records, Volunteer Organizations, War of 1812; Records of the Adjutant General’s Office, 1762-1984, Record Group 94; National Archives, Washington, D.C. ↩
- Compiled service records, Elijah Gentry, Pvt., James Gentry, Pvt., and Elijah Gentry Sr., Pvt., Captain Samuel Dale’s Company, 1st Regiment Mississippi Territorial Volunteers, War of 1812, RG 94, NA-Washington. ↩
- Jesse Fore (Musician, Capt. Michael Gaffney’s Co., 1 Regiment South Carolina Militia, War of 1812), pension no. S.O. 4,553, S.C. 7,041; Case Files of Pension and Bounty-Land Applications Based on Service in the War of 1812, 1871-1900; Pension and Bounty Land Applications Based on Service between 1812 and 1855; Department of Veterans Affairs, Record Group 15; National Archives, Washington, D.C. ↩
- Ibid., affidavit of Jesse “Four,” 4 Nov 1857, Union County, Georgia. ↩
- Monroe County AL Orphans Court orders, 11 May 1818, estate of Elijah Gentry. ↩
- See, e.g., 1850 U.S. census, Neshoba County, Mississippi, population schedule, p. 119 (stamped), dwelling 74, family 79, Elijah Gentry; digital image, Ancestry.com (http://www.ancestry.com : accessed 12 July 2002); citing National Archive microfilm publication M432, roll 378. Also, 1860 U.S. census, Neshoba County, Mississippi, Hills Bluff Post Office, population schedule, p. 153 (penned), dwelling 988, family 1022, Elijah Gentry; digital image, Ancestry.com (http://www.ancestry.com : accessed 28 September 2002); citing National Archive microfilm publication M653, roll 588. ↩
- See Hannah Fischer, “American War and Military Operations Casualties: Lists and Statistics,” Congressional Research Service, 13 July 2005; html version, Navy Department Library (http://www.history.navy.mil/library/ : accessed 29 Mar 2013). ↩
- “An Act granting Pensions to certain Soldiers and Sailors of the War of eighteen hundred and twelve, and the Widows of decease Soldiers,” 16 Stat. 411 (14 Feb 1871). ↩
- Ibid. ↩
- “An act amending the laws granting pensions to the soldiers and sailors of the war of eighteen hundred and twelve, and their widows, and for other purposes,” 20 Stat. 27 (9 Mar 1878). ↩
- Neshoba County, MS, Deed Book Q: 619, Wilmoth Gentry et al. to Lemuel Knowles, 19 Dec 1868. ↩
- Elijah had been a circuit-riding Methodist Episcopal preacher in 1816, at a time when the Mississippi Conference was described by its historian as “exclusively a bachelor Conference.” Rev. John Jones, A Complete History of Methodism as Connected with the Mississippi Conference, vol. I (Nashville, Tenn. : Southern Methodist Pub. House, 1887), 427. ↩
- She was enumerated in the household of her son George Washington Gentry in 1870, 1870 U.S. census, Neshoba County, Mississippi, Philadelphia, population schedule, p. 374(A) (stamped), dwelling/family 1264, Wilmoth Gentry in household of George Gentry; digital image, Ancestry.com (http://www.ancestry.com : accessed 11 Oct 2011); citing National Archive microfilm publication M593, roll 741; imaged from FHL microfilm 552240, but cannot be found in the 1880 census and likely had died by then. ↩